GALLAGHER v. WILLIAMS


129 A.2d 554 (1957)

Patrick J. GALLAGHER, Mary T. Gallagher, Cleora Shamhart, Ernest H. Johnson, and Orpha D. Johnson, Plaintiffs, v. Sarah WILLIAMS, Defendant.

Court of Chancery of Delaware, New Castle.

February 26, 1957.


Attorney(s) appearing for the Case

Courtney H. Cummings, Jr. (of Killoran & VanBrunt), Wilmington, for plaintiffs.

C. W. Berl, Jr. (of Berl, Potter & Anderson), Wilmington, for defendant.


SEITZ, Chancellor.

Plaintiffs are owners of properties in Delaware City. Their properties abut on a "private" alley which the defendant has attempted to close on the ground that it is her property and plaintiffs are not entitled to use it.

Plaintiffs seek a permanent injunction declaring that they possess a reasonable-use easement in the alley and enjoining defendant from obstructing such use. Since defendant admittedly owns the fee to the alley, plaintiffs...

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